>> i'm greg, happy second new year, i guess. >> hu? >> i don't know. >> june 5th, is guess. captioned by closed captioning services inc. failed christmas day bombing of an american airliner be tried as civilian or enemy combat tonight. a milestone in iraq showing significant progress. how much will healthcare reform cost you? the beginning of a new series of reports. all that plus brit hume's analysis and the fox all-stars, right here, right now. >> bret: welcome to washington. i'm bret baier. the middle eastern nation of yemen is under the global microscope, following reports that the al-qaeda branch is seeking to become a major

player in global terrorism. senior white house correspondent major garrett reports on how the u.s. is dealing with the increasingly dangerous situation. >> president obama and the first family arrived in the frigid nation's capital as the pursuit unfolded half a world away in yemen, as the government was criticized for lackluster terror attacks in the past, launched new attacks outside the capital. hillary clinton after meeting with the prime minister of you tar qatar called yemen a top concern. >> we see the ongoing efforts by al-qaeda in yemen to use it as a base for terrorist attacks far beyond the region. >> the u.s. embassy remained closed for a second day as to the british and french embassy. japan, germany and the czech republic sensing peril closed their embassy today.

the al-qaeda threats to the embassy intensified recently. >> they are targeting our embassy and targeting our personnel. we're not going to take chances with the lives of the diplomats and others at the embassy. >> they offered no word when it would reopen, raising question about yemen's ability to deal with the terror threat within. >> they're a weak government that cannot control the borders and barely control the capital city. it's been a focal point for the war on terror for some time. it's just now getting publicity long overdue. >> the head of the central command general david petraeus traveled to yemen saturday and promised the u.s. would more than double $67 million in financial funding, dang dangling a financl carrot that congress will have to approve. >> every time we seem to blow up an al-qaeda convoy, the president of yemen or someone else criticizes us for interfering in their sovereignty. it's an on again-off again relationship. >> another issue is they will

shift detainees from guantanamo back home, despite the calls to halt the transfers. >> the guantanamo facility must be closed. it's served as propaganda tool for al-qaeda and we are determined to close it. we are not going to do anything to put american security at risk. >> also today, the c.i.a. received a written report on the intelligence failures in the christmas day airline plot. a member of the 9/11 commission said the breakdown look familiar. >> you have to connect the dots. it's the same we said after 9/11. not sharing them is the guy got through and we are lucky he didn't kill a lot of people. >> both topics the intelligence failures behind flight and yemen, the president received oval office briefing from the top counterterrorism official john brennan. the white house released this photograph. tomorrow the president will convene at the white house a cabinet level department meeting and there the department agencies will report on how they will share the intelligence more rapidly and try to prevent potential

terrorists boarding commercial aircraft headed to the united states. bret? >> bret: major garrett live on the north lawn. thank you. if you were traveling out of the country anytime soon, you will notice changes, because of the attempted bombing a week-and-a-half ago. correspondent laura ingle report a lot of people are nevertheless on edge at the airport. >> just hours after the tsa announced the new security guidelines, a terrific scare at newark liberty national airport. when an unknown man slipped in the terminal through exit lane in security. airport officials locked down one of the the nation's busiest airports and were forced to rescreen every passenger inside terminal "c." the new tsa guidelines that went into effect at midnight sunday are changing a lot of routines for international travelers. passengers who have citizenship in countries, the state department considered state sponsors of terrorism like cuba and iran, and those deemed countries of interest such as afghanistan, iraq and pakistan will have to pass

through enhanced screening before flying to the u.s. that means full body pat-downs. a check of carry-on lluggage. and in airports that have the technology, full body scans and the use of explosive detection devices. >> i think it's time that we understand that the threat against us is coming from many different countries and many different sources and it's time to take the proper precautions to secure our flying public. >> while the tsa says its aviation partners are on board with the changes there is confusion. british and swiss officials reportedly are reviewing the new rules. and in spain, there are reports passengers from the countries on the watch list are not being singled out for extra checks. civil rights groups, though, claim the new guidelines will only lead to more racial profiling. >> the precedent it sets is very dangerous. that fres dent is being that anyone coming from the countries is thereby labelled as a suspect or possible terrorist. that's just not right.

>> the mandates come after the tsa tightened security ten days ago, following the failed christmas day bombing in detroit. since then, airline crews can ask passengers to remove blankets and pillows from their laps one hour before landing. most international travelers welcome the extra security. >> checking on every passenger is something definitely useful. >> you feel safer. >> a full body check, it's embarrassing for me. >> operational procedures are just about back to normal tonight at newark, international. as far as the tsa security officer in charge of the area where the security breach took place, he has been reassigned to a different post while the investigation goes on and the man who caused the scare, tsa officials say he did leave the building. he was only in here 20 minutes. but they don't know where he is tonight. bret? >> wow. >> bret: laura, thank you. a knowledgeable intelligence source tells fox news the bomber who killed seven c.i.a. employees last week in

afghanistan was a jordanian and al-qaeda double agent recruited by the jordanian intelligence service. he was not searched because he was considered reliable asset by the u.s. officials on that base. the remains of the c.i.a. workers are back in the u.s. now. agency spokesman director leon panetta and other officials attended a private event today at dover air force base. in afghanistan, nato says four american troops were killed sunday. officials say the death occured if a roadside bombing in the south of the country. they are the first combat casualties in afghanistan this year. afghan president hamid karzai has ordered parliament to postpone the winter recess until he announces a new list of cabinet nominees. last week, lawmakers rejected 17 of his 24 selections. well, some history was made last month in iraq. correspondent molly henneberg reports on a side of progress in the almost 7-year-old

conflict. >> reporter: no u.s. troops died in combat operations in iraq in the month of december, military leaders say. the first month without combat fatality since the war started in 2003. >> that is a fairly significant milestone for us as we continue to move forward. i think it also speaks to the level of violence and how it's decreased over time. >> reporter: overall, combat deaths have been on the decline since may 2007 when 120 u.s. service men and women were killed. the second highest per month total since the beginning of the war. within a month, all of the additional 30,000 troops ordered by president bush to surge into iraq had arrived. the following april there were 40 combat deaths, the highest in 2008. 13 combat deaths in april 2009. the highest last year. this past december, zero combat fatalities, although there were three non-combat deaths. one military analyst says the fewer u.s. troops are in combat situations. >> the u.s. forces have been

out of the cities for almost six months now. secondly, the main line units are no longer engaged in close combat with the enemy. thirdly, quite frankly, the insurgents are really going after the government with their attacks, rather than the u.s. forces. >> in addition, president obama has been drawing down the number of troops in iraq. down significantly from the highest surge levels in 2007 and 2008. last january, there were 145,000 troops in country, and by november, 105,000. a spokesperson for u.s. forces in iraq says security there is the best it's been since 2004. and that morale among u.s. troops is, "pretty high" right now. there they >> they know the sacrifice they made in the past couple years is starting to pay off dividends. >> reporter: but the general says there is still a threat from insurgents in iraq and military expects they'll attempt large attacks leading up to the march 7 national election. in washington, molly henneberg, fox news.

>> bret: checking other news around the world. five american men suspected of plotting terror attacks in pakistan appears in court today. their lawyer denies the men have connections to al-qaeda and says they were just trying to provide medical and financial aid fellow muslims. the men will be held in custody for two more weeks. while police prepare their case. nicaraguan website are featuring picture of the former cuban leader fidel castro taken with meetings with ortega last year. it's the first to show castro in a wheelchair since he underwent emergency surgery in 2006. dubai opened the world's tallest building. birge califa is named after the president of dube d abu dab. it has the highest mosque on the 158th floor. dubai is in the midst of a deep financial crisis and received billions in aid.

mayo clinic st institutes its own healthcare reform in a way that surely displeased the white house. we begin a new series on the differences between the house and senate versionooo

>> bret: the secret service says a third person crashed the white house state dinner for india's prime minister in november. you, of course, already know about tareq and who weren't on the guest list. now someone with the indian delegation made it in that event as well and that person reportedly did not have contact with the president. the commerce department says the construction spending dropped .6 of percentage point, more than expected in the seventh straight decline. manufacturering activity grew in december at its fastest pace in more than three years. stocks began the year with a big day.

the dow was up almost 156. the s&p 500 gained nearly 18. the nasdaq picked up 39 1/4. tonight we begin a series called healthcare countdown. jim angle starts his comparison and contrast of the house and senate versions of reform legislation by seeing joust how much extra cash you might be required to pay. >> both the house and senate need to raise lots of new revenue to cover the cost of reform. the house want to impose 5.4% surtax on those with gross income of $500,000 a year or more, money-raising move with no impact on healthcare, itself, but the unions think taxing the wealthy is a good move anyway. >> tay they got $2.5 trillion tx cut from president bush. >> the senate on the other hand raises the biggest chunk of its new revenue through a 40% tax on so-called cadillac plans. health insurance that cost

more than $23,000 a family. the president has embraced the tax and one of the advisors described the intended impact. >> ideally, what it is going to do is encourage consumers and the employees buying the plans to be more careful consumers and put pressure on insurance company to find ways to lower cost. >> many say the tax will make the plan so expensive, employers will drop them. obama advisors say the tax benefit enjoyed by those like wall street bankers, but actually those enjoying the plan are union members and state government employees. >> a lot of the people with the cadillac plans have the chevy wages. that's what made it somewhat controversial and a real issue of contention. >> it's even more controversial than many union members realize, because under the senate plan they will pay more in income taxes. >> the smaller fraction of your compensation takes the form of health insurance and you see it in your pocket in terms of wages. now, of course, when you get

things in your pocket in terms of wages, you pay taxes on them. >> because healthcare benefits are not taxed, the wages are. the senate is counting on raging $120 billion in new taxes over the next ten years. majority of which would come from the middle class. >> it turns out that a lot of people with cadillac plans, 95%, are und under $250,000. 50% comes from those under $ $ $150,000. >> one thing the president come pained on is being -- campaigned on is being against this very thing when john mccain talked about it. >> he even ran ads on this issue. >> mccain would tax the health benefits for the first time ever. we can't afford john mccain. >> but that was then and this is now. the president's views have obviously changed. analysts across the spectrum say the tax on cadillac plan would reduce the expenditures but the unions that have them say it means loss of benefits

for them and they are pushing the house to fight against it. bret? >> bret: jim, part two tomorrow. thanks. the government began its big money pun lick relations push for the census today. 13 road tour vehicles will travel more than 150,000 miles across the country. today's kickoff event was held in times square. there will also be a massive media campaign, including ads during the super bowl pre-game show. the total price tag, $340 million. two words sure to light a fire under conservatives: eminent domain. we'll have the latest big fight over the policy a bit later. straight ahead, brit hume's analysis about the fight over who is to blame for the attempted bombing of an american airli

>> bret: dramatic video out of las vegas. a gunman opening fire in the lobby of a federal building there. a 65-year-old court security officer was killed. a 48-year-old deputy u.s. marshal was wounded. the gunman was shot to death. there is no word on a motive for this attack yet. the unsuccessful attack on a u.s. airliner on christmas day has led to a lot of recriminations in washington about security policy and procedures. white house correspondent mike emmanuel has that story. >> ten days after the attempted christmas day attack on northwest airline flight, leading senate democrat questioned how umar farouk abdulmutallab was able to board that plane. >> plus the fact that this man's father would step forward and warn our embassy that he was a dangerous man should have put him at the top of the no-fly list as far as i'm concerned. >> the ranking republican on the senate homeland security committee seemed to point her finger at the state

department. >> why wasn't this individual's visa revoked once we had such a credible report that he posed a threat? that to me is an even bigger failure than the failure to screen him effectively. >> today, secretary of state clinton said the administration was not satisfied but defended the role of her team. >> based on what we know now, the state department fully complied with the requirements set forth in the interagency process as to what should be done when a threat is, or when information about a potential threat is known. but we're looking to see whether those procedures need to be changed, upgraded. >> this comes as the administration is defending its decision to try abdulmutallab in criminal court rather than holding him as an enemy combatant. the president's chief counterterrorism advisor john brennan says the 23-year-old nigerian was initially

talking to american authorities until he was given a lawyer. brennan says the hope is abdulmutallab will cooperate when he realizes it will help a plea deal. >> as you talk with the lawyers and you talk with the individuals, as they recognize what they're facing as far as the charge, conviction and possible sentence, there are opportunities to continue to talk about it. >> to the question of can the u.s. safely incarcerate terrorists in the federal prison system, senator durbin says -- >> the answer is yes, 350 times yes. we have 350 convicted terrorists currently doing time in the federal bureau of prisons. >> but critics say valuable intelligence is likely being lost and sending him to federal court is a very serious mistake. >> that was an act of war. he should be treated as a prisoner of war. he should be held in a military brig. >> brennan does admit the u.s. officials are concerned that al-qaeda may be trying to get other terrorists to carry out similar missions to the failed bombing of the plane and that u.s. officials are scouring all intelligence

which leads critics to say abdulmutallab should be interrogated by enemy combatant now to see what he knows. bret? >> bret: mike, thank you. senior political analyst brit hume has thoughts on how the white house is dealing with the suspect in the latest terror incident on american soil. good evening. >> happy new year. >> bret: you, too. >> one almost felt sorry for white house terrorism advisor john brennan on "fox news sunday" who was questioned closely by chris wallace on the administration decision to treat the man who allegedly tried to bomb the detroit bound jetliner as ordinary criminal, defendant. the result of that was umar farouk abdulmutallab got a lawyer and clammed up. brennan refused to discuss that and suggesting as mike noted that the men might later agree to talk as part of plea bargain. asked what the down side would have been to treat him as enemy combatant and turn over to military c.i.a. question -- i'm not making this up. "there are no down sides or up sides in particular cases. what we're trying to do is

make sure we apply the right tool and right instance. in this case we made a determination that he should be tried in u.s. criminal court." he never explained why that determination was made. that's a problem here. the administration cannot explain the downside of the approach they didn't take, and they haven't even tried to explain the up side of approach they did. one suspects that that's because the up side is that criminal defendants could be put in u.s. jails, eliminating the need to find a place for them while guantanamo bay is being closed. indeed, closing guantanamo bay seemed to have emerged as a driving force in the obama counterterrorism strategy. bret? >> bret: what about the political implications for all of this? >> this decision to treat this man, this latest attem attempted -- or would-be terrorist as criminal defendant is wildly unpopular. poll from ramussen said 71% of the people questioned think he should have been tried in the military court and plurality suggests he

should have been deported. we saw this after 9/11 and it boosted president bush's popularity an popularity. if the obama administration does not make what seems agile and appropriate and full response, this could be a very serious political issue against him. >> bret: all right, brit. thank you. >> thank you, bret. >> bret: a federal appeals court in virginia denied the appeal of 9/11 conspirators who claims he was denied helpful evidence in his trial and restricted choosing his own counsel. he is serving life in prison. a senator who got a sweetheart deal in the healthcare reform bill deals with the sour reaction. healthcare provider lauded by president obama is pulling the plug at

>> bret: and now some fresh pickings from the 2010 political grapevine. the mayo clinic praised by president obama as a national model for official healthcare stopped accepting medicare patients at one of its arizona facilities. more than 3,000 patients eligible for medicare will be forced to pay cash if they want to continue seeing their doctors at the mayo glendale clinic. the organization lost $840 million last year on medicare and that the program's

payments only cover about 50% of its costs. the spokesman says mayo will assess the glendale situation and "to see if it could have implications beyond arizona." nebraska democratic senator ben nelson has asked south carolina republican attorney general henry mcmaster to forego legal action against the senate healthcare reform bill. mcmassster a leader of a group of 13 public attorneys general leading the lawsuit. politico reports they asked that mcmaster "call off the dugs." he had not asked for the horn huskier kickback to be inserted in the bill but that it was inserted as a mark sore that medicare we imburstment would go to every state. but the democratic leadership made no mention of a plan to expand nebraska's deal to the

remaining states, a great that would greatly increase the cost of the final bill. democrats and liberal blog on the attack. the target, pollster scot rasmussen. they charge that the polls are flawed at best and biased at first. media matters calls it the gop favorite polling firm saying "it seems to have a patent on asking dumb and misleading polling questions designed to generate dubious buzz." one writes -- ras musten says the criticism amounts to shooting the messenger. he was one of the first to show obama narrowing the gap with hillary clinton. a website said rasmussen had the third highest mark for accuracy in in predicting the outcome of the presidential primaries and his last general

election poll came within tenths of a point of the final result. another story about big government versus the little guy. so far, in this one, the government is winning. right next to the runways of the seattle tacoma airport the city of sea-tac is in the middle of a property rights battle after condemning this 45-acre parcel owned by doris and run as her family's park n fly business. >> i believe not only for ourselves but for other property owners and in general i have to fight it. >> sea-tac offered the family $2 million less than what they paid for the land in 2007. officials refuse to be interviewed on camera but documents show their plans for the land which currently houses a private parking lot includes a public parking garage. the rest of the property would be turned over to a private developer to build hotels, shops and restaurants. >> we have a desire and we

believe that our citizens have a desire to drive-thru a city which is more than just park and flies which is more than just parking lots. >> the washington constitution says the government can't take private land for private ventures but the state supreme court allowed for eminent domain where the goal is economic development. the state attorney general says the justices got it wrong. >> condemnation should only be used for true public uses, a fire station, a park, a street, those are public uses. taking away someone's private party to turn it over to private redevelopment to generate more tax revenue, i don't think that is what the framers of the federal or state constitution had in mind. >> the u.s. supreme court opened the door with its ruling in keho versus connecticut. many states passed laws to reenforce private property rights but washington was not

one of them. the city voted to condemn the park and fly property in september with you has not yet filed the paperwork with the county. the family is holding out hope that public pressure will change their mind. dan springer, fox news. >> bret: the terror spot light on yemen. on yemen. most western embassies closed

this president is determined and i think it is demonstrated in his language. he says that we are at war with al-qaeda. we will destroy al-qaeda the organization and demonstrate through our actions that al-qaeda might we able to run but they are not going to be able to hide. >> the instability in yemen is a threat to regional stability and even global stability and we are working with qatr and others to think of the best way

forward to try to deal with the security concerns. >> bret: the focus is yemen. today the government of yemen launched new attacks against a stronghold, al-qaeda stronghold outside the capital city. this as the president met again with his counter terrorism advisor in the oval office, talking about the situation there. the u.s. embassy remained closed for a second day as did the british embassy and germany and frangela also sensing peril there, closing their embassies as well. steve, a.b. stoddard and charles krautheimer. >> two issues in yemen. the first is how do you fight al-qaeda there. nobody is saying about opening a third front in the war on terror. we had general petraeus on at the capitol today. the idea is to strengthen the weak central government and

increase our participation in the air strikes, for example. the second issue is this, apart from weakening al-qaeda directly are we going to stop gratuitously and insanely strengthening al-qaeda with the release of yemenis being held in our custody. we already know that some of those who were released in the bush years, are the leaders of al-qaeda and, yes, me yemen to. there were six released last month. we know that all the attackers on the uss cole. all who were held in yemen are now free. either released or broke out of jail. so that is a rather weak straw that you want to lean on. and the issue is with the 91 yemenis remaining in guantanamo, there is no way and these are the worst of the worst because a lot of them already are released, why do have a president who keeps

maintaining again and again that his priority number one in the war on terrorism is the closing of guantanamo. i just want to ask one question. what we heard on sunday from spokesman after spokesman is rallying the cry it is a tool of terrorism. imagine guantanamo disappeared overnight in a tsunami. would that make any difference whatsoever on recruiting for al-qaeda in yemen, saudi arabia or afghanistan? it would make none. the list of grievances and excuses or causes of al-qaeda is endless. closing guantanamo will do only one thing, strengthen al-qaeda because it will help in the recruiting in the sense of sending them already hardened terrorists who will pick up the fight again. >> bret: john brennan among others defending saying the yemenis were released under the bush administration and we heard the bush administration mentioned many times and we heard it this weekend.

>> sending john brennan to answer with this bold response that did not come from president obama a week ago is a clear signal that they real that former vice president dick cheney and others are driving the initiative about the policies. they are learning now that the administration has been working for some time to try to coordinate with the yemeni government to share intelligence and that they coordinated on the air strikes on december 17th and 24th. however, as they hear about it now after the fact, after an attack was foiled by a passenger and some bad luck in the underwear of the would-be christmas day bomber, they are also learning about as charles points out, how dangerous the detainees who have left guantanamo bay in the bush administration have become, directing this very christmas day attack after attending the therapy rehabilitation program in saudi arabia, one of them

became abdulmutallab's trainer. i think there is literally bipartisan panic in the congress right now about sending any more detainees back to yemen and it would be very hard for the administration to defend that policy. >> what i want to know is what was john brennan's point? you had some of us, myself included who have been critical of the bush administration release of these folks. what is john brennan's point. his point is purely political. if he were going to correct the mistake and stop releasing people from guantanamo bay, co-claim that he is making a substantive argument. there is no other point to make other than a political one and say i'm blaming my predecessor for this release if he is not going to actually fix the mistake. what you have seen is a complete revisionist history on yemen. the first article that i wrote at the weekly standard under barack obama was a long piece about yemen.

the administration policy at the time was that a majority of the yemenis kept in guantanamo bay were not only to be repatriated to yemen but repatriated and released. 75% of the yemenis have been through an al-qaeda training camp. 75% have stayed in an al-qaeda guesthouse, something that a.b. couldn't do if she just happened to fall into contact with al-qaeda. this was -- >> bret: he has been giving speeches about yemen and didn't mention yemen. >> he mentioned them occasionally but said the center piece of the counter terrorism policy as charles said was to close guantanamo bay. this is revisionist history on yemen and i hope the mainstream media doesn't let him get awhich with it. there is a lot there. >> bret: let me ask you about the possibility of u.s. military action in yemen. what do you think about that? >> it is not a place we want to

go and invade. it is like afghanistan. it as wild place. like the northwest territories of afghanistan. see sectionist in the south and those in the north and so complicated and almost incomprehensible. all we with do is have our weaponry in place, gather intelligence, get intelligence and work with the unreliable central government. it is not a place where you want to start a war. remember, the saudis and jordannians are in that area and they are on our side. i would rather have the locals involved in the war than a direct involvement of the united states. >> bret: and a.b., quickly, general petraeus was there this weekend and officials there are saying that the u.s. would double -- more than double the counter terrorism funding of $67 million. there is some questions about what they have done with the previous money and what additional money would do. plus, congress has to approve all that. >> right, that's true. i have a feeling with the news

of this threat which is news to many americans that congress will approve it but there a always a question of whether or not the yemeni government, which is weak, can be trusted to use the money for counter terrorism and not to pay off tribes and other people they depend on for political power. >> bret: continue this discussion. should the man who authorities say tried to blow up that airline in detroit over detroit be tried as a criminal or an enemy combatant? the panel discusses that in a

i'm not going to address exactly what he did before or after he was -- talked with his lawyer. he knows that there are certain things on the table and if he wants to in fact engage with us in a productive manner there are ways that he can do that.

>> any criminal lawyer has to tell him he has to be quiet and shut up until months from now or maybe years interest now they come forth with a deal saying if you tell us who your handlers with and the other people were we will limit your charges. we should have held him as an enemy combatant and tried him under the military commissions. >> bret: u.s. officials say the 23-year-old nigerian umar farouk abdulmutallab was talking to authorities before he was given a lawyer and then he stopped talking. there are still questions about how he was able to board the plane ten days after that failed attempt. but now there are questions about whether he should be charged as a criminal or an enemy combatant as you heard on the sunday talk shows. back with the panel. steve? >> i thought brennan's statement was rather stunning. here you have a guy but for a fault request detonator would have killed 300 people on christmas day and we are garing about a plea garbin.

bargain. you have to stop and think what a plea bargain means. it is actually trying to entice him to tell us what he knows by giving him things and leaving him leniency or giving him years off. we are going to be negotiating potentially with somebody who tried to kill 300 people encompass day. i find that stunning. the bigger problem from me is what aren't we learning from him today and what tonight we know that we might have otherwise learned. he told the fbi apparently that he knew of others being sent to the united states. who were they? where were they trained? what techniques were they going to use? were they trained in other techniques. there was a battery of questions that we could ask him and could be asking him right now if we hadn't read him his rights. now, all we will get from him in response to the questions is silence because we told him that he has the right to be silent which is rather amazing.

>> bret: what about this, brennan said on "fox news sunday" there isn't an upside or down side to the decision. it is the decision we made. >> because it was already made. >> bret: yes. >> and he can't argue that it would have been wrong to treat him as an enemy combatant. this will be tough for democrats to swallow, the idea that we are plea bargaining with and making offers to a terrorist. i think when you see members return, that decision has been made but the decision on guantanamo is an open question. you will see -- although democrats in congress can't reverse the white house's decision you see senator feinstein and congress thompson and democrats on the intelligence committee, the party's experts saying we have to halt the transfers of detainees from yemen back to yemen. we can't move them from

guantanamo back to yemen. they will not be held there. while it might be a possibility to keep them in the facility in thompson, illinois, i think that guantanamo is going to be where the party comes down. >> bret: if abdulmutallab said to the fbi or whomever that there is a long line of others like me, is it is disconcerting if he is not talking now and can't tell us about the line. >> it is beyond disconcerting. it is insane. here is a guy who as steve just said, the administration has admitted was trained, armed in yemen, recruited in london. we closed our embassy this week, presumably because there are active threats emnating out of al-qaeda, the same people involved in his mission. here is a guy who presumably knows stuff. at least he knows who trained him and armed him and who was around him. he says there were other plots. the idea that you give him his

rights is simply unbelievable. it isn't as if you have to decide in advance to get a military or civil trial. you can seize him now as a military combatant just as about everybody in gitmo was and later decide if you want to put him in a military court or civil one. i prefer military. the question is how do you hold him at the beginning when you need information and to give him a lawyer and know he is going to shut up and not say anything and you give him chips with which he can bargain is absolutely unbelievable and this is what shows the unseriousness of this administration on the war on terrorism. it is not that a guy slipped through the cracks with mistakes that haven't been made in the past, that can happen, it as complex bureaucracy. the unseriousness is not how he got on the plane. the unseriousness is what happened after. with the reaction of this administration which gives him

a lawyer, a guy who isn't entitled to any protection, the geneva convention or u.s. constitution. >> bret: that is it for this panel. stay tuned for some very cautious weather reports. country western ♪ singer: we were stuck in a basement apartment ♪ ♪ tiny rooms that the sun never blessed ♪ ♪ so when we needed space for a family ♪ ♪ set our sights on the wide open west ♪ ♪ well i thought we'd see sierra vistas ♪

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